Partner

Oakland
555 12th Street
Suite 1230
Oakland CA 94607
TEL: (415) 633-1922

ebuetzow@zellelaw.com

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Practice Areas

Bar and Court Admissions

State Court: California
U.S. Court of Appeals: Ninth Circuit
U.S. District Court: Northern District of California

Education

University of California, Hastings College of the Law, J.D., magna cum laude, 2007: Order of the Coif, Thurston Society, Hastings Law Journal
University of California, Santa Barbara, B.A., highest honors, 2003

Eric W. Buetzow

Eric’s practice focuses on complex litigation, primarily in antitrust, competition, and consumer protection matters. This includes frequently counseling large commercial clients in pursuing affirmative recoveries. Since joining the firm in 2007, Eric has represented both plaintiffs and defendants in multidistrict litigation involving claims of anticompetitive conduct, unfair business practices, and products liability. Eric has also represented various parties on both sides of the aisle in an array of commercial disputes, including cases arising from allegations of trademark infringement, trade secret misappropriation, price discrimination, and breach of licensing agreements. Eric’s experience includes pre-trial motion practice, discovery, trials, as well as appellate advocacy.

Representative Matters

Antitrust, Unfair Competition, and Consumer Protection

Represents United HealthCare Services, Inc. in its antitrust actions against the makers of more than 100 generic pharmaceutical drugs and alleging a widespread price-fixing and market allocation conspiracy; this matter has been consolidated with In re: Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724. (United HealthCare Services, Inc. v. Actavis Holdco U.S., Inc., et al.)

Represented United HealthCare Services, Inc. in its antitrust action against the makers of the branded pharmaceutical drug, Provigil, and its generic equivalents. The suit alleged a successful pay-for delay scheme that kept the lower priced generics off the market for several years, allowing the brand manufacturer to continue charging inflated monopoly prices that caused United HealthCare Services, Inc. substantial damages. (United HealthCare Services, Inc. v. Cephalon, Inc., et al.)

Represented multinational defendants through trial in antitrust class action implicating foreign sovereign compulsion and state action immunity issues (In re Vitamin C Antitrust Litigation)

Represented large integrated energy company in multidistrict consumer protection litigation challenging industrywide sales practices (In re: Motor Fuel Temperature Sales Practices Litigation)

Represented franchisor in California class action concerning personal identification information and fraud protection in retail transactions (Flores v. ConocoPhillips Company)

Other Complex Commercial Disputes

Represented major transit company in software licensing dispute before the Ninth Circuit Court of Appeals, as well as in subsequent petitions to the U.S. Supreme Court (Education Logistics, Inc. v. Laidlaw Transit, Inc.)

Represented entrepreneurial and philanthropic technology company in trade secret misappropriation action against gaming and entertainment corporation (The Just Game Company, LLC v. Sony Computer Entertainment America, LLC, et al.)

Articles & Presentations

"Patent Prosecution History Key to FTC Summary Judgment Win Against Abbvie on Claim of Sham Patent Litigation Delaying Generic," The State Bar of California Antitrust, UCL and Privacy Section, November 2017, author

"Discovery Rule is Better Accrual Standard for Antitrust Claims," Competition Law360, February 8, 2017, co-author

"Competitors Push Back With False Advertising Laws," Competition Law360, August 31, 2015, author

"California State Antitrust & Unfair Competition Law," 2009, co-author

Professional Affiliations

American Bar Association
San Francisco Bar Association

Noteworthy

Eric was named a Northern California "Rising Star" in 2017 (Antitrust Litigation, Intellectual Property, Class Action/Mass Torts, and Business Litigation) by San Francisco magazine.